BY ILYA SOMIN SPRAWLING DEFINITIONS WEEK OF AUGUST - PDF document

BY ILYA SOMIN SPRAWLING DEFINITIONS WEEK OF AUGUST
BY ILYA SOMIN SPRAWLING DEFINITIONS WEEK OF AUGUST

BY ILYA SOMIN SPRAWLING DEFINITIONS WEEK OF AUGUST - Description


XXIX NO 33 Ohio tried to take these deteriorating homes That proves our property rights need more protection brPage 2br URBAN RENEWAL POSSIBLE REFORMS brPage 3br JUDGES MUST ACT ID: 62089 Download Pdf

Tags

XXIX Ohio

Download Section

Please download the presentation from below link :


Download Pdf - The PPT/PDF document "BY ILYA SOMIN SPRAWLING DEFINITIONS WEEK..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.

Embed / Share - BY ILYA SOMIN SPRAWLING DEFINITIONS WEEK OF AUGUST


Presentation on theme: "BY ILYA SOMIN SPRAWLING DEFINITIONS WEEK OF AUGUST"— Presentation transcript


BYILYASOMINn late July, the Ohio Supreme Court issued what may be theKelo v. City of New LondonNorwood v. Horneytion of supposedly “blighted” property. Eminent domain abuse cannot be effectively addressed with-does not violate the Fifth Amendment takings-clause guaranteetual meaning of “public use,” which requires that governmenthave a legal right to use the property. Even if “public use” is ©2006 ALM Properties Inc. All rights reserved. This article is reprinted with permission from Legal Times(1-800-933-4317 • LTsubscribe@alm.com • www.legaltimes.com). WEEK OF AUGUST 14, 2006 ¥VOL. XXIX, NO. 33 Ohio tried to take these ÔdeterioratingÕ homes. That proves our property rights need more protection. in the business community, relocation of existing businesses out-side of the community, [and] business failures.” Virtually any neighborhood occasionally suffers “down-ward trends in the business community.” If Times Square anddowntown Las Vegas are blighted, it is difficult to find anyplace that isn’t. those of New York and Nevada. Moreover, state courts generallyerror,” and the even more permissive “fraud or bad faith.” EvenBroad definitions of blight severely undermine the effective-mote development. Areform law that technically forbids eco-another name is unlikely to be effective in curbing eminentURBAN RENEWAL?the expense of the area’s residents. Condemnations in trulyLarge-scale condemnations to alleviate blight began with theAmericans, most of them poor African-Americans or Hispan-In the 1950s and 1960s, blight condemnations so often target-“Negro removal.” Overt racism is far less common today, butthe political weakness of poor African-Americans ensures thatand blight condemnations. For this reason, the NationalAssociation for the Advancement of Colored People, which isdemnations dwarfs the harms inflicted by development takings. Moreover, the residents of blighted neigh-borhoods often suffer massive harm from condemnation whilehomes built on the site were affordable to the 5,000 residents ofReformers should seek both to eliminate overly broad defin-notably Georgia and Indiana, have enacted post-laws that define blight narrowly. They limit the definition topose a direct threat to public safety. taking of “deteriorating” property. The code defines a “deterio-The code defines a “deterio-diversity of ownership.” In addition to forbidding condemnation of property for eco-nomic development, the Ohio Supreme Court refused to per-mit condemnation under this rationale because the city’s defi-s defi-virtually every urban American neighborhood.” For this rea-clause. Although Norwood considered the condemnation ofis far more difficult to solve. Two states (Florida and Utah) have banned blight condemna-tions entirely. This approach may be the best solution becausenomic growth in poor areas. Alternatives include tax breaks,economists now agree that strong protection for property rightswho fear the loss of their rights are less likely to develop theirproperty or establish businesses. The threat of blight condemna-Even if condemnation is the most effective way to eliminateactually limit its use to those locations. The development inter-hoods. The political power of these interest groups is far morelikely than any economic theory of efficient condemnation tonecessary to eliminate the blight in question. This approachmight force judges to address difficult evidentiary questions, but ©2006 ALM Properties Inc. All rights reserved. This article is reprinted with permission from Legal Times(1-800-933-4317 • LTsubscribe@alm.com • www.legaltimes.com). JUDGES MUSTACTreforms that do not offend the powerful interest groups that ben-more effective as the would effectively gut state and federal constitutional guaranteespower, as well as legislative power, should be exerted to curbblight condemnations. The Ilya Somin is an assistant professor at George MasonUniversity School of Law. He has written several pro bono ami-cus briefs in blight cases for the Institute for Justice, which rep-resented the property owners in ©2006 ALM Properties Inc. All rights reserved. This article is reprinted with permission from Legal Times(1-800-933-4317 • LTsubscribe@alm.com • www.legaltimes.com).

Shom More....